LC Paper No. CB(3) 1659/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 37
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Minutes of the meeting held on Wednesday 19 May 1999 at 2:30 pm
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Members present:
President
The Hon Mrs Rita FAN, GBS, JP
The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Dr The Hon Raymond HO Chung-tai, JP
The Hon LEE Wing-tat
The Hon LEE Cheuk-yan
The Hon Martin LEE Chu-ming, SC, JP
The Hon Eric LI Ka-cheung, JP
The Hon LEE Kai-ming, JP
The Hon Fred LI Wah-ming
Dr the Hon LUI Ming-wah, JP
The Hon NG Leung-sing
Prof the Hon NG Ching-fai
The Hon Margaret NG
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon Ronald ARCULLI, JP
The Hon MA Fung-kwok
The Hon James TO Kun-sun
The Hon CHEUNG Man-kwong
The Hon Ambrose CHEUNG Wing-sum, JP
The Hon HUI Cheung-ching
The Hon Christine LOH
The Hon CHAN Kwok-keung
The Hon CHAN Yuen-han
The Hon Bernard CHAN
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
Dr The Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon LEUNG Yiu-chung
The Hon Gary CHENG Kai-nam
The Hon SIN Chung-kai
The Hon Andrew WONG Wang-fat, JP
Dr the Hon Philip WONG Yu-hong
The Hon WONG Yung-kan
The Hon Jasper TSANG Yok-sing, JP
The Hon Howard YOUNG, JP
Dr the Hon YEUNG Sum
The Hon YEUNG Yiu-chung
The Hon LAU Chin-shek, JP
The Hon LAU Kong-wah
The Hon LAU Wong-fat, GBS, JP
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon Emily LAU Wai-hing, JP
The Hon CHOY So-yuk
The Hon Andrew CHENG Kar-foo
The Hon SZETO Wah
The Hon Timothy FOK Tsun-ting, JP
The Hon LAW Chi-kwong, JP
The Hon TAM Yiu-chung, JP
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP
Member absent:
Dr the Hon David LI Kwok-po, JP
Public officers attending:
- The Honourable Mrs Anson CHAN, JP
- The Chief Secretary for Administration
- The Honourable Donald TSANG Yam-kuen, JP
- The Financial Secretary
- The Honourable Elsie LEUNG Oi-sie, JP
- The Secretary for Justice
- Mrs Katherine FOK LO Shiu-ching, JP
- Secretary for Health and Welfare
- Mr Rafael HUI Si-yan, GBS, JP
- Secretary for Financial Services
- Mr KWONG Ki-chi, GBS, JP
- Secretary for Information Technology and Broadcasting
- Miss Denise YUE Chung-yee, JP
- Secretary for the Treasury
- Mr LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr David LAN Hong-tsung, JP
- Secretary for Home Affairs
- Mrs Regina IP LAU Suk-yee, JP
- Secretary for Security
- Miss Yvonne CHOI Ying-pik, JP
- Secretary for Trade and Industry
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- Deputy Secretary General
- Mr Ray CHAN Yum-mou,
- Assistant Secretary General (3)
Papers
The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure:
| Subsidiary Legislation | L.N. No.
|
|---|
| 1. | Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 199 | 121/99
|
| 2. | Film Censorship (Amendment) Ordinance 1999 (9 of 1999) (Commencement) Notice 1999 | 122/99
|
Questions
1. Hon SIN Chung-kai asked Question 1.
The Secretary for Information Technology and Broadcasting replied.
Seven Members asked supplementaries and the Secretary for Information Technology and Broadcasting replied.
2. Hon LAW Chi-kwong asked Question 2.
The Secretary for Health and Welfare replied.
11 Members asked supplementaries and the Secretary for Health and Welfare replied.
3. Hon CHEUNG Man-kwong asked Question 3.
The Secretary for Financial Services replied.
Five Members asked supplementaries and the Secretary for Financial Services replied.
4. Dr Hon TANG Siu-tong asked Question 4.
The Secretary for Health and Welfare replied.
Nine Members asked supplementaries and the Secretary for Health and Welfare replied.
5. Hon CHAN Kam-lam asked Question 5.
The Secretary for the Civil Service replied.
Five Members asked supplementaries and the Secretary for the Civil Service replied.
6. Hon MA Fung-kwok asked Question 6.
The Secretary for Trade and Industry replied.
Four Members asked supplementaries and the Secretary for Trade and Industry replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
Bills
First Reading
Adaptation of Laws (No.12) Bill 1999
Adaptation of Laws (No.13) Bill 1999
Tax Reserve Certificates (Amendment) Bill 1999
Adaptation of Laws (No.14) Bill 1999
The Bills were read the first time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.
Second Reading
Adaptation of Laws (No.12) Bill 1999
Adaptation of Laws (No.13) Bill 1999
The Secretary for Trade and Industry moved the Second Reading and addressed the Council on each of the above two Bills.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debates on the above Bills were adjourned and the Bills were referred to the House Committee.
Tax Reserve Certificates (Amendment) Bill 1999
The Secretary for the Treasury moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Adaptation of Laws (No.14) Bill 1999
The Secretary for Home Affairs moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Adaptation of Laws (No.6) Bill 1999
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 10 March 1999 resumed.
Question on the Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Committee Stage
The Council went into Committee and considered the Adaptation of Laws (No.6) Bill 1999.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 1 to 7 stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Health and Welfare reported that the Adaptation of Laws (No.6) Bill 1999 had passed through Committee without amendment. She moved that the Bill be read the third time and do pass.
Question on the Third Reading proposed, put and agreed to.
Bill read the third time and passed.
Adaptation of Laws (No.17) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 6 January 1999 resumed.
Question on the Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Committee Stage
The Council went into Committee and considered the Adaptation of Laws (No.17) Bill 1998.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 2, 3, 5, 7, 8 and 9 stand part of the Bill proposed, put and agreed to.
Question that schedules 1, 4 and 6 stand part of the Bill proposed.
The Secretary for Home Affairs moved amendments to schedules 1, 4 and 6 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedules 1, 4 and 6, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Home Affairs reported that the Adaptation of Laws (No.17) Bill 1998 had passed through Committee with amendments. He moved that the Bill be read the third time and do pass.
Question on the Third Reading proposed, put and agreed to.
Bill read the third time and passed.
As the Secretary for Security, who was to move a motion and address the Council for the following agenda item, was not in the Chamber, the President suspended the meeting at 4:34 pm.
The Council resumed at 4:46 pm.
Motions
Government Motion
The Secretary for Security moved the following motion and addressed the Council:
That this Council supports the Chief Executive's decision to request the State Council to approach the Standing Committee of the National People's Congress to interpret Article 22(4) and Article 24(2)(3) of the Basic Law.
Question on the motion proposed.
The Secretary for Justice and three Members spoke on the motion.
Hon Martin LEE spoke on the motion and moved the following motion without notice under Rule 40(1) of the Rules of Procedure:
That the debate on the Secretary for Security's motion be adjourned.
Question on Hon Martin LEE's motion proposed.
Four Members and the Secretary for Security spoke on Hon Martin LEE's motion.
Another Member spoke on Hon Martin LEE's motion.
Hon Martin LEE replied.
Question on Hon Martin LEE's motion put.
Hon Martin LEE claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 28 were present, eight were in favour of Hon Martin LEE's motion and 20 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 30 were present, 15 were in favour of Hon Martin LEE's motion and 14 against it. (Voting record in Appendix I.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that Hon Martin LEE's motion was negatived.
The Council continued to debate the Secretary for Security's motion.
Five Members spoke on the motion.
At 7:05 pm, the President's Deputy took the chair during the temporary absence of the President.
Another five Members spoke on the motion.
At 8:00 pm, the President resumed the chair.
Another Member and the Chief Secretary for Administration spoke on the motion.
The Secretary for Security replied.
Question on the motion put.
Hon CHAN Wing-chan claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that 39 Members were present, 35 were in favour of the motion, two against it and one abstained. (Voting record in Appendix II.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.
Members' Motions
The President stated that Hon CHAN Yuen-han had withdrawn the notice of her motion on "Developing Chinese medicine centre".
The 4 June incident
Hon SZETO Wah moved the following motion and addressed the Council:
That this Council commemorates the tenth anniversary of the 4 June incident, mourns for those compatriots who died in the incident, and considers that the pro-democracy movement in 1989 must be vindicated.
Question on the motion proposed.
Five Members spoke on the motion.
At 9:03 pm, the President's Deputy took the chair during the temporary absence of the President.
Another 10 Members spoke on the motion.
At 9:52 pm, the President resumed the chair.
Three other Members spoke on the motion.
Hon SZETO Wah replied.
In response to Hon Gary CHENG Kai-nam's request to speak to clarify some remarks made about him by Hon SZETO Wah in his reply, the President said that as Mr CHENG had not spoken, he might speak before she put the question to the Council. However, this was a deviation from the established manner in which motions were debated. She would in the circumstance have to allow the mover of the motion to reply a second time.
Hon Gary CHENG spoke in response to Hon SZETO Wah's reply.
Hon Cyd HO asked to speak. The President said she would allow her to speak in the circumstance.
Hon Cyd HO spoke. However, as she was not speaking in response to any remarks made about her by Hon SZETO Wah in his reply, the President ordered her to discontinue.
Hon SZETO Wah replied a second time.
Question on the motion put.
Hon SZETO Wah claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 27 were present, six were in favour of the motion, nine against it and 12 abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 14 were in favour of the motion, 13 against it and one abstained. (Voting record in Appendix III.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the motion was negatived.
Next Meeting
The President declared that the next meeting of the Council would be held on 26 May 1999 at 2:30 pm.
The Council was adjourned at 10:45 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
